The Children (Northern Ireland) Order 1995

1. Introductory Text

2. PART I INTRODUCTORY

   1. 1. Title and commencement

   2. 2. Interpretation

3. PART II GENERAL

   1. Child's welfare

      1. 3. Child's welfare to be paramount consideration

      2. 4. Reports on child's welfare

   2. Parental responsibility

      1. 5. Parental responsibility for children

      2. 6. Meaning of “parental responsibility”

      3. 7. Acquisition of parental responsibility

4. PART III ORDERS WITH RESPECT TO CHILDREN IN FAMILY PROCEEDINGS

   1. General

      1. 8. Residence, contact and other orders with respect to children

      2. 9. Restrictions on making Article 8 orders

      3. 10. Power of court to make Article 8 orders

      4. 11. General principles and supplementary provisions

      5. 12. Residence orders and parental responsibility

      6. 12A. Residence and contact orders and domestic violence

      7. 13. Change of child's name or removal from jurisdiction

      8. 14. Enforcement of residence orders

   2. Financial relief

      1. 15. Orders for financial relief with respect to children

   3. Family assistance orders

      1. 16. Family assistance orders

5. PART IV SUPPORT FOR CHILDREN AND THEIR FAMILIES

   1. Children in need and their families

      1. 17. Interpretation

      2. 17A. Assessments and services for children who are carers

      3. 18. General duty of authority to provide social care for children in need, their families and others

      4. 18A. Assessments: carers of disabled children

      5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

      6. 18C. Direct payments

      7. 18D. Information for carers

      8. 19. Day care for pre-school and other children

      9. 20. Review of provision for day care, child minding, etc.

      10. 21. Provision of accommodation for children: general

      11. 22. Powers of person with parental responsibility

      12. 23. Provision of accommodation for children in police protection

      13. 24. Recoupment of cost of providing services, etc.

   2. Children looked after by an authority

      1. 25. Interpretation

      2. 26. General duty of authority

      3. 27. Accommodation and maintenance for children

      4. 28. Regulations under Article 27

      5. 29. Promotion and maintenance of contact between child and family

      6. 30. Visits to or by children: expenses

      7. 31. Appointment of visitor for child who is not being visited

      8. 32. Power to guarantee apprenticeship deeds, etc.

      9. 33. Arrangements to assist children to live abroad

      10. 34. Death of children being looked after by an authority

      11. 34A. Preparation for ceasing to be looked after

      12. 34B. The responsible authority and relevant children

      13. 34C. Additional functions of the responsible authority in respect of relevant children

      14. 34D. Continuing functions in respect of former relevant children

      15. 34E. Personal advisers

      16. 34F. Pathway Plans

   3. Advice and assistance for certain children and young persons

      1. 35. Persons qualifying for advice and assistance

      2. 35A. Advice and assistance

      3. 35B. Employment, education and training

      4. 35C. Information

      5. 35D. Representations: Articles 34B to 35B

      6. Arts. 36, 37 rep. by 2002 c. 11 (NI)

   4. Contributions towards maintenance of children looked after by an authority

      1. 38. Interpretation

      2. 39. Liability to contribute

      3. 40. Agreed contributions

      4. 41. Contribution orders

      5. 42. Enforcement of contribution orders, etc.

      6. 43. Regulations

   5. Miscellaneous

      1. 44. Secure accommodation

      2. 45. Reviews and representations

      3. 46. Co-operation between authorities and other bodies

      4. 47. Consultation with the Education Authority

      5. 48. Miscellaneous

6. PART V CARE AND SUPERVISION

   1. Introductory

      1. 49. Interpretation

   2. General

      1. 50. Care orders and supervision orders

      2. 51. Timetable for proceedings

   3. Care orders

      1. 52. Effect of care order

      2. 53. Parental contact etc. with children in care

   4. Supervision orders

      1. 54. Supervision orders

   5. Education supervision orders

      1. 55. Education supervision orders

   6. Powers of court

      1. 56. Investigation into child's circumstances

      2. 57. Interim orders

      3. 57A. Power to include exclusion requirement in interim care order

      4. 58. Discharge and variation, etc., of care orders and supervision orders

      5. 59. Orders pending appeals in cases about care or supervision orders

   7. Children’s court guardians

      1. 60. Representation of child and of his interests in certain proceedings

      2. 61. Right of children’s court guardian to have access to records

7. PART VI PROTECTION OF CHILDREN

   1. 62. Child assessment orders

   2. 63. Orders for emergency protection of children

   3. 63A. Power to include exclusion requirement in emergency protection order

   4. 64. Duration of emergency protection orders and other supplementary provisions

   5. 65. Removal and accommodation of children by police in cases of emergency

   6. 66. Authority's duty to investigate

   7. 67. Powers to assist in discovery of children who may be in need of emergency protection

   8. 68. Abduction of children in care, etc.

   9. 69. Recovery of abducted children, etc.

   10. 70. Refuges for children at risk

   11. 71. Rules of court and regulations

8. PART VII HOMES PROVIDED BY AN AUTHORITY

   1. 72. Provision of homes by an authority

   2. 73. Regulations

9. PART VIII VOLUNTARY HOMES AND VOLUNTARY ORGANISATIONS

   1. Introductory

      1. 74. Interpretation

   2. Voluntary organisations

      1. 75. Provision of accommodation for children

      2. 76. Duties of voluntary organisations

      3. 77. Duties of an authority

   3. Voluntary homes

      1. 78. Persons disqualified from carrying on, or being employed in, voluntary homes

      2. 78A. Appeal against refusal of consent under Article 78

      3. Arts. 79‐88 rep. by 2003 NI 9

   4. Regulations

      1. 89. Regulations

10. PART IX PRIVATE CHILDREN'S HOMES

    1. Introductory

       1. 90. Interpretation

       2. 91. “Children's home” further defined

    2. General

       1. 92. Duties of person carrying on private children's home

       2. 93. Duties of an authority

       3. 94. Persons disqualified from carrying on, or being employed in, private children's homes

       4. 94A. Appeal against refusal of consent under Article 94

    3. Registration

       1. Arts. 95‐104 rep. by 2003 NI 9

    4. Regulations

       1. 105. Regulations

11. PART X PRIVATE ARRANGEMENTS FOR FOSTERING CHILDREN

    1. 106. Interpretation

    2. 107. Privately fostered children further defined

    3. 108. Welfare of privately fostered children

    4. 109. Persons disqualified from being private foster parents

    5. 110. Power to prohibit private fostering

    6. 111. Power to impose requirements

    7. 112. Regulations requiring notification of fostering, etc.

    8. 113. Appeals

    9. 114. Application of this Part to certain school children during holidays

    10. 115. Advertisements relating to fostering

    11. 116. Avoidance of insurances on lives of privately fostered children

    12. 117. Offences

12. PART XI CHILD MINDING AND DAY CARE FOR YOUNG CHILDREN

    1. 118. Registration

    2. 119. Persons who act as child minders

    3. 120. Persons who provide day care for children under the age of twelve

    4. 121. Exemptions

    5. 122. Disqualified persons

    6. 123. Application for registration

    7. 124. Refusal of registration

    8. 125. Requirements to be complied with by child minders

    9. 126. Requirements to be complied with by persons providing day care for young children

    10. 127. Certificate of registration

    11. 128. Cancellation of registration

    12. 129. Protection of children in an emergency

    13. 130. Inspection

    14. 131. Appeals

    15. 132. Offences

13. PART XII EMPLOYMENT OF CHILDREN

    1. Introductory

       1. 133. Interpretation

       2. 134. Exemptions and saving

    2. General

       1. 135. General restrictions on the employment of children

       2. 136. Regulations with respect to the employment of children

    3. Performances

       1. 137. Restrictions on taking part in public performances, etc.

       2. 138. Granting of licences

       3. 139. Variation and revocation of licences

       4. 140. Requirement to keep and produce records

    4. Dangerous performances

       1. 141. Performances endangering life or limb

       2. 142. Training for performances of a dangerous nature

       3. 143. Licensing of training children over twelve for performances of a dangerous nature

    5. Supplementary

       1. 144. Notice of refusal of licence, etc.

       2. 145. Appeal against refusal of licence, etc.

       3. 146. Powers of entry

       4. 147. Offences

       5. 148. Defences

14. PART XIII DEPARTMENT'S SUPERVISORY FUNCTIONS AND RESPONSIBILITIES

    1. 149. Inspection of children's homes, etc., by Department

    2. 150. Powers of persons authorised by Department

    3. 151. Power to exempt children's homes, etc., from inspection

    4. Art. 152 rep. by 2005 c. 12

    5. 153. Child care training

    6. 154. Research and information

15. PART XIV PARENTS NOT MARRIED TO EACH OTHER

    1. 155. Parents not being married to , or civil partners of, each other to have no effect in law on relationships

    2. 156. Application of principle to certain existing statutory provisions

    3. 157. Property rights

    4. 158. Repeal of Illegitimate Children (Affiliation Orders) Act (Northern Ireland) 1924

16. PART XV GUARDIANS

    1. 159. Appointment by court

    2. 160. Appointment by parent or guardian

    3. 161. Revocation of appointment by parent or guardian

    4. 162. Disclaimer of appointment by parent or guardian

    5. 163. Termination by court

17. PART XVI JURISDICTION AND PROCEDURE

    1. 164. Jurisdiction

    2. 165. Rules of court

    3. 166. Appeals

    4. 167. Attendance of child and his parents, etc., at hearing under Part V or VI

    5. 168. Power to clear court while child is giving evidence in certain proceedings

    6. 169. Evidence given by, or with respect to, children

    7. 170. Privacy for children involved in certain proceedings

    8. 171. Self-incrimination

    9. 172. Legal aid, advice and assistance

    10. 173. Restrictions on use of wardship jurisdiction

18. PART XVII MISCELLANEOUS AND GENERAL

    1. Children accommodated in certain establishments

       1. 174. Children accommodated in hospitals

       2. 175. Children accommodated in certain homes and in private hospitals

       3. 176. Children accommodated in schools

       4. 177. Children not accommodated in schools

    2. Search warrants

       1. 178. Police assistance in exercise of powers of search and inspection

    3. Effect and duration of orders, etc.

       1. 179. Effect and duration of orders, etc.

       2. 180. The Isle of Man and the Channel Islands

    4. Miscellaneous

       1. 181. Report on the operation of this Order

       2. 181A. Delegation of functions by Lord Chief Justice

       3. 182. Temporary exercise of functions of authorities by Department

       4. 183. Regulations and orders

       5. 184. Transitional provisions and savings

       6. Article 185— Amendments and Repeals

19. SCHEDULES

    1. SCHEDULE 1

       FINANCIAL PROVISION FOR CHILDREN

       1. Interpretation

          1. 1. (1) In this Schedule “child” includes, in any case where an application is made under...

       2. Orders for financial relief against parents

          1. 2. (1) On an application made by a parent or guardian of a child, or by...

       3. Orders for financial relief for persons over 18

          1. 3. (1) If, on an application by a person who has reached the age of 18,...

       4. Duration of orders for financial relief

          1. 4. (1) The term to be specified in an order for periodical payments made under paragraph...

       5. Matters to which court is to have regard in making orders for financial relief

          1. 5. (1) In deciding whether to exercise its powers under paragraph 2 or 3, and if...

       6. Provisions relating to lump sums

          1. 6. (1) Without prejudice to the generality of paragraph 2, an order under that paragraph for...

       7. Variation, etc., of orders for periodical payments

          1. 7. (1) In exercising its powers under paragraph 2 or 3 to vary or discharge an...

       8. Variation of orders for periodical payments etc. made by court of summary jurisdiction

          1. 8. (1) Subject to sub-paragraphs (7) and (8), the power of a court of summary jurisdiction—...

       9. Variation of orders for secured periodical payments after death of parent

          1. 9. (1) Where the parent liable to make payments under a secured periodical payments order has...

       10. Financial relief under other statutory provisions

           1. 10. (1) This paragraph applies where a residence order is made with respect to a child...

       11. Interim orders

           1. 11. (1) Where an application is made under paragraph 2 or 3 the court may, at...

       12. Alteration of maintenance agreements

           1. 12. (1) In this paragraph and in paragraph 13 “maintenance agreement” means any agreement in writing...

           2. 13. (1) Where a maintenance agreement provides for the continuation, after the death of one of...

       13. Notice of change of address

           1. 14. (1) Any person for the time being under an obligation to make payments in pursuance...

       14. Direction for settlement of instrument by conveyancing counsel

           1. 15. Where the High Court or a county court decides to make an order under this...

       15. Jurisdiction ...

           1. 16. (1) The court has jurisdiction in relation to an application under paragraph 2 in respect...

       16. Contribution by an authority to child's maintenance

           1. 17. (1) Where a child lives, or is to live, with a person as the result...

    2. SCHEDULE 2

       PROVISION OF SERVICES FOR FAMILIES: SPECIFIC POWERS AND DUTIES

       1. Identification of children in need

          1. 1. Every authority shall take reasonable steps to identify the extent to which there are children...

       2. Provision of information

          1. 2. (1) Every authority shall publish information— (a) about services provided by the authority under Articles...

       3. Children's services plans

          1. 2A. (1) Every Board shall, on or before 31st March 1999—...

       4. Maintenance of register of disabled children

          1. 3. (1) Every authority shall open and maintain a register of disabled children within the authority's...

       5. Assessment of children's needs

          1. 4. Where it appears to an authority that a child within the authority's area is in...

       6. Prevention of neglect and abuse

          1. 5. (1) Every authority shall take reasonable steps, through the provision of services under Part IV,...

       7. Provision of accommodation for another person to protect child

          1. 6. (1) Where— (a) it appears to an authority that a child who is living on...

       8. Services for disabled children

          1. 7. Every authority shall provide services designed— (a) to minimise the effect on disabled children within...

       9. Steps to reduce need for care proceedings, etc.

          1. 8. Every authority shall take reasonable steps designed— (a) to reduce the need to bring— (i)...

       10. Provision for children living with their families

           1. 9. Every authority shall make such provision as the authority considers appropriate for the following services...

       11. Family centres

           1. 10. (1) Every authority shall provide such family centres as the authority considers appropriate in relation...

       12. Maintenance of the family home

           1. 11. Every authority shall take such steps as are reasonably practicable, where any child within the...

       13. Duty to consider racial groups to which children in need belong

           1. 12. Every authority shall, in making any arrangements— (a) for the provision of day care within...

    3. SCHEDULE 3

       SUPERVISION ORDERS

       1. Meaning of “responsible person”

          1. 1. In this Schedule, “the responsible person”, in relation to a supervised child, means— (a) any...

       2. Power of supervisor to give directions to supervised child

          1. 2. (1) A supervision order may require the supervised child to comply with any directions given...

       3. Imposition of obligations on responsible person

          1. 3. (1) With the consent of any responsible person, a supervision order may include a requirement—...

       4. Psychiatric and medical examinations

          1. 4. (1) A supervision order may require the supervised child— (a) to submit to a medical...

       5. Psychiatric and medical treatment

          1. 5. (1) Where a court which proposes to make or vary a supervision order is satisfied,...

       6. Life of supervision order

          1. 6. (1) Subject to sub-paragraph (2) and Article 179 (effect and duration of orders, etc. ),...

       7. Information to be given to supervisor, etc.

          1. 7. (1) A supervision order may require the supervised child— (a) to keep the supervisor informed...

       8. Selection of supervisor

          1. 8. A supervision order shall not designate an authority as the supervisor unless— (a) the authority...

       9. Effect of supervision order on earlier orders

          1. 9. The making of a supervision order with respect to any child brings to an end...

       10. Regulations

           1. 10. The Department may make regulations with respect to the exercise by an authority of its...

    4. SCHEDULE 4

       EDUCATION SUPERVISION ORDERS

       1. Interpretation

          1. 1. In this Schedule— “1986 Order” means the Education and Libraries (Northern Ireland) Order 1986 “parent”...

       2. Effect of orders

          1. 2. (1) Where an education supervision order is in force with respect to a child, it...

          2. 3. (1) Where an education supervision order is in force with respect to a child, the...

       3. Effect where child also subject to other orders

          1. 4. (1) This paragraph applies where— (a) an education supervision order; and (b) a supervision order,...

       4. Duration of orders

          1. 5. (1) An education supervision order shall have effect for a period of one year, beginning...

       5. Information to be given to supervisor, etc.

          1. 6. (1) An education supervision order may require the child— (a) to keep the supervisor informed...

       6. Discharge of orders

          1. 7. (1) The court may discharge any education supervision order on the application of— (a) the...

       7. Offences

          1. 8. (1) If a parent of a child with respect to whom an education supervision order...

       8. Persistent failure of child to comply with directions

          1. 9. (1) Where a child with respect to whom an education supervision order is in force...

    5. SCHEDULE 5

       FOSTER PARENTS: LIMITS ON NUMBER OF FOSTER CHILDREN

       1. Interpretation

          1. 1. For the purposes of this Schedule, a person fosters a child if— (a) he is...

       2. The usual fostering limit

          1. 2. Subject to what follows, a person shall not foster more than three children ( “the...

       3. Siblings

          1. 3. A person may exceed the usual fostering limit if the children concerned are all siblings...

       4. Exemption by an authority

          1. 4. (1) A person may exceed the usual fostering limit if he is exempted from it...

       5. Effects of exceeding fostering limit

          1. 5. (1) A person shall cease to be treated for the purposes of this Order and...

       6. Complaints, etc.

          1. 6. (1) Every authority shall establish a procedure for considering any representations (including any complaint) made...

    6. SCHEDULE 6

       PROPERTY RIGHTS WHERE PARENTS NOT MARRIED TO OR CIVIL PARTNERS OF EACH OTHER

       1. Succession on intestacy

          1. 1. (1) In Part II of the Administration of Estates Act (Northern Ireland) 1955 (which deals...

       2. Dispositions of property

          1. 2. (1) In the following dispositions, namely— (a) dispositions inter vivos made after the commencement of...

       3. No special protection for trustees and personal representatives

          1. 3. Article 6 of the Family Law Reform (Northern Ireland) Order 1977 (which enables trustees and...

       4. Entitlement to grant of probate, etc.

          1. 4. (1) For the purpose of determining the person or persons who would in accordance with...

    7. SCHEDULE 7

       JURISDICTION

       1. Commencement of proceedings

          1. 1. (1) The Lord Chancellor may , after consultation with the Lord Chief Justice, by order...

       2. Transfer of proceedings

          1. 2. (1) The Lord Chancellor may , after consultation with the Lord Chief Justice, by order...

       3. Emergency protection orders

          1. 3. In such circumstances as the Lord Chancellor may , after consultation with the Lord Chief...

       4. General

          1. 4. (1) For the purposes of this Schedule— (a) the commencement of proceedings under this Order...

    8. SCHEDULE 8

       Article 184(1). TRANSITIONALS AND SAVINGS Pending proceedings, etc. (1) (1) Subject to sub-paragraphs (2) and...

       1. TRANSITIONALS AND SAVINGS

          1. Pending proceedings, etc.

             1. 1. (1) Subject to sub-paragraphs (2) and (5), nothing in any provision of this Order (other...

             2. 2. Where, immediately before the commencement of Part V, there was in force an order under...

       2. CUSTODY ORDERS, ETC.

          1. Cessation of declarations of unfitness, etc.

             1. 3. Where, immediately before the commencement of Parts II and III , there was in force—...

          2. Orders to which paragraphs 5 to 10 apply

             1. 4. (1) In paragraphs 5 to 10 “an existing order” means any order which— (a) is...

          3. Parental responsibility of parents

             1. 5. (1) Where— (a) a child's father and mother were married to each other at the...

          4. Persons who are not parents but who have custody or care and control

             1. 6. (1) Where a person who is not the parent or guardian of a child has...

          5. Persons who have care and control

             1. 7. (1) Sub-paragraphs (2) to (6) apply where a person has care and control of a...

          6. Persons who have access

             1. 8. (1) Sub-paragraphs (2) to (4) apply where a person has access by virtue of an...

          7. Enforcement of certain existing orders

             1. 9. (1) Sub-paragraph (2) applies in relation to any existing order which, but for the repeal...

          8. Discharge of existing orders

             1. 10. (1) The making of a residence order or care order with respect to a child...

       3. CHILDREN IN CARE

          1. Children in compulsory care

             1. 11. (1) Sub-paragraph (2) applies where, immediately before the commencement of Part V— (a) a person...

             2. 12. (1) This sub-paragraph applies to a child who has been placed or allowed to remain...

          2. Cessation of wardship where child is in care

             1. 13. (1) Where a child who is a ward of court is in the care of...

          3. Children placed with parent, etc., while in compulsory care

             1. 14. (1) This paragraph applies where a child is deemed by paragraph 11 to be in...

          4. Children in voluntary care

             1. 15. (1) This paragraph applies where, immediately before the commencement of Part IV, a child— (a)...

          5. Boarded out children

             1. 16. (1) Where, immediately before the commencement of Part IV, a child in the care of...

          6. Children in care to qualify for advice and assistance

             1. 17. Any reference in Part IV to a person qualifying for advice and assistance shall be...

          7. Emigration of children in care

             1. 18. Where the Head of the Department is considering whether to give his consent under section...

          8. Contributions for maintenance of children in care

             1. 19. (1) Where, immediately before the commencement of Part IV, there was in force an order...

          9. Supervision ordersOrders under the 1968 Act

             1. 20. (1) This paragraph applies to any supervision order made under the Children and Young Persons...

             2. 21. (1) This paragraph applies to any supervision order made under the Children and Young Persons...

          10. Other supervision orders

              1. 22. (1) This paragraph applies to any order for the supervision of a child which was...

          11. Place of safety orders

              1. 23. (1) This paragraph applies to— (a) any order or warrant authorising the taking or removal...

          12. Voluntary homes

              1. 24. (1) This paragraph applies to a voluntary home which is registered in the register kept...

          13. Foster children

              1. 25. (1) This paragraph applies where— (a) immediately before the commencement of Part IX, a person...

          14. Child minders

              1. 26. (1) Sub-paragraph (2) applies where, immediately before the commencement of Part XI, any premises are...

          15. Guardians

          16. Existing guardians to be guardians under this Order

              1. 27. (1) Any appointment of a person as guardian for a child which— (a) was made—...

          17. Appointment of guardian not yet in effect

              1. 28. Any appointment of a person to be a guardian of a child— (a) which was...

          18. Children accommodated in certain establishments

              1. 29. In calculating, for the purposes of Article 174(1)(a) or (2)(a) or Article 175(1)(a) or 177(1)(a)...

          19. Training school orders

              1. 30. (1) This paragraph applies where, immediately before the commencement of Part V, a person was...

          20. MiscellaneousMarriage consents

              1. 31. (1) In the circumstances mentioned in sub-paragraph (2), section 1 of, and the Schedule to,...

          21. Affiliation orders, etc.

              1. 32. (1) This paragraph applies to the following orders— (a) any affiliation order in force immediately...

          22. Property rights where parents not married to each other

              1. 33. (1) In this paragraph “the 1977 Order” means the Family Law Reform (Northern Ireland) Order...

          23. Attendance of child before court

              1. 34. Section 170 of the Children and Young Persons Act (Northern Ireland) 1968 (power to enforce...

          24. Saving for certain amendments of 1968 Act

              1. 36. Notwithstanding the repeal by this Order of Part I of Schedule 16 to the Health...

    9. Schedule 9—Amendments

    10. Schedule 10—Repeals